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HomeMy WebLinkAbout1984-09-24 352 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 24, 1984 . ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 24, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I Wysocki. Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of September 17, 1984 were approved as submitted. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Absence of Commissioner Anderson - October 1, 1984 Commissioner Anderson stated the Junior High School is conducting an Open House on Monday, October 1, beginning at 7:00 p.m.; and she must be present for that function. She asked that her absence from a portion of the public hearing session be authorized by the Com- mission, indicating she will return to the Commission meeting as soon as possible. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the absence of Commissioner Anderson from the eveni ng session of the October 1, 1984 meeting be authorized in compliance with Section 7-3-4322, M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Decision - Ordinance No. 1167 - adopting the "National Electrical Code. 1984 Edition" and revising fee schedule This was the time and place set for the decision on Ordinance No. 1167, adopting the I "National Electrical Code, 1984 Edition" and revising the fee schedule, entitled: ORDINANCE NO. 1167 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 15.08.010,15.08.050 AND 15.08.110 OF THE BOZEMAN MUNICIPAL CODE. PROVIDING FOR THE ADOPTION OF THE 1984 EDITION OF THE NATIONAL ELECTRICAL CODE, REVISION OF THE FEE SCHEDULE AND WIRING SPECIFICATIONS FOR CERTAIN BUILDING CLASSIFICATIONS IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki stated the Commission had provisionally adopted this ordinance at their meeting of August 20, 1984, and that the public hearing had been held on September 17, 1984. He then recommended that the Commission finally adopt Ordinance No. 1167, providing for the adoption of the 1984 Edition of the National Electrical Code, and revision of the fee schedule and wiring specifications for certain building classifications. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson. that the Commission finally adopt Ordinance No. 1167, providing for the adoption of the 1984 Edition of the National Electrical Code, revision of the fee schedule and wiring specifications for certain building classifications. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan. Commissioner Mathre and Mayor Weaver; those voting No, none. ark I City Manager Wysocki presented to the Commission a request on behalf of the Bozeman Centennial Mural for waiver of the open container ordinance with the use of a public address system and City-owned bleachers, from 1: 30 to 5: 00 p. m. on Sunday, September 30, 1984, in the Soroptomist Park. Commissioner Jordan expressed concern about the waiver of the open container ordinance, since the request refers to possible purchase of alcoholic beverages from local pubs. 09-24-84 -------------------- 353 City Manager Wysocki stated the waiver of the open container ordinance would apply only to the park property, and not to the public rights-of-way surrounding the area. The City Mana- ger then expressed concern about moving the bleachers for the event, which is to be held on a Sunday. He then noted Mike Hoey, Director of the Mural Project, is not present at this time and suggested that discussion of this item be deferred until he arrives. Mayor Weaver tabled further discussion and action on this request until later in the I meeting. Draft proposal for City Manager evaluation Mayor Weaver noted that Commissioner Anderson and Commissioner Mathre have completed a proposed evaluation form for the City Manager evaluation process. Commissioner Vant Hull indicated she feels the form is reasonably concise and complete. She then suggested that an item be added at the end of the form for additional items the Com- mission might add for future evaluations. Commissioner Jordan indicated he is satisfied with the proposed form. Mayor Weaver stated he feels the Commission should incorporate some specific objectives into the process to be used as a basis for the next evaluation. He stated support for the form as drafted. The Commission concurred that a list of specific goals and an item for adding specific evaluation items in future evaluations should be added to this evaluation process. Following a brief discussion of the timetable to be followed for this evaluation process, the Commission concurred that the Commissioners should individually complete written evaluations and submit them directly to City Manager Wysocki not later than October 9, 1984. The City Manager will then submit those evaluations to Clerk of the Commission Sullivan for compilation, with discussion of the written evaluations to be conducted at the regular Commission meeting to be held on October 15, 1984. I Amended subdivision plat - a portion of Block 107 of Northern Pacific Addition to the City of Bozeman - Dave Jarrett City Manager Wysocki stated this was the time and place set for review of the amended subdivision plat for a portion of Block 107 of the Northern Pacific Addition to the City of Bozeman, as requested by David and Yvonne Jarrett. The subject site is a 1.651-acre parcel located in the SEt, Section 6, Township 2 South, Range 6 East, M.P.M., and is more commonly located north of East Peach Street between North Church Avenue and North Wallace Avenue. Senior Planner Mike Money presented the Staff Report. He stated the City-County Planning Board considered this amended subdivision plat at its regular meeting held on September 13, . 1984 and recommended approval, subject to four conditions. He noted the amended plat would consol idate 32 lots into five usable lots. The Senior Planner stated the Northern Pacific Addition is one of the oldest subdivisions in Bozeman; and the lots are long and narrow. Due to the number of lots involved, the State Law requires that the amendment to the original sub- division must go through the public hearing process. Senior Planner Money stated a major portion of the discussion during the Planning Board meeting centered around the applicant's waiver of protest of creation of a Special Improvement District for improvement of East Peach Street. He stated a meeting of City staff and the appl i- cant resulted in an agreement that the waiver of protest to the creation of an SID will apply to any district containing at least four blocks of paving. City Manager Wysocki stated he is not opposed to the agreement for a four-block mini- mum SID. He noted it is not practical to pave only one or two blocks at a time due to the I expense involved and the lack of contractor interest in such small projects. Commissioner Vant Hull asked if the waiver of protest is utilized in the creation of an SID bordering the property, could it be utilized for a second 51 D also bordering the property. City Attorney Crumbaker-Smith stated the waiver of protest can be exercised only once. Commissioner Jordan expressed concern that the M-l zoning of the property allows some types of development that could generate a substantial amount of traffic along an unpaved street. He than asked if access to North Church Street would be limited. 09-24-84 35 Lt The Senior Planner stated only one lot will front on North Church Street. The remaining four lots will front on East Peach Street. Commissioner Jordan then noted the waiver of protest does not guarantee there will not be sufficient opposition to kill any proposed SID's for paving in that area. He then stated he does not want a developed area located along unpaved streets. Mr. David Jarrett, owner of the subject property, stated the engineers have indicated he could group five lots together to achieve the desired results. However, he stated the I amended plat process is easier and will provide a clean plat of that block. He then indicated concurrence with the conditions recommended by the City-County Planning Board. Mr. Jarrett then stated he desires a minimum four-block 51 D because the costs for a smaller SI D are pro- portionately higher. He indicated he would have no problem with an SID which contained both East Peach Street and North Church Avenue along his property as long as that district contains a minimum of four blocks. The appl icant then noted the majority of people who use East Peach Street would be non-participants in an SID for paving of the street. City Manager Wysocki indicated formation of an extended district would be possible. He noted that could become a political issue if undertaken. Commissioner Vant Hull asked if the waiver of protest for creation of an SID will go with the lots if they are sold. Mr. Jarrett indicated the waiver of protest would go with the property as a deed restric- tion. Ms. Velma McMeekin, 425 East Cottonwood Street, stated her protest against allowing a four-block minimum on an SID for improvement of the streets in the immediate area. She stated she feels that East Peach Street between North Rouse Avenue and North Wallace Avenue should be paved as soon as possible, especially if Story Hills is developed any further. Ms. McMeekin indicated she can understand why Mr. Jarrett desires a four-block minimum, but she feels the waiver should be valid for whatever SID the people in the area try to advance. Commissioner Jordan asked if the protests against a proposed Special Improvement District are based on linear footage or square footage. I Following a brief research of the State Statutes, City Attorney Crumbaker-Smith stated that Section 7-12-4113(1), M.C.A., provides that if the owners of more than fifty percent of the property fronting on the proposed work or if the owners of more than fifty percent of the area of the property to be assessed protest the proposed SI D, the Commission can take no further action on creation of that SID. She then noted that Subsection (2) provides that the Commission may overrule protests and pave one cross block to connect already paved streets which are more than three blocks long. City Manager Wysocki stated the second condition recommended by the City-County Planning Board requires the installation of an eight-inch water line through the subject property. He noted a ten-inch line enters the property from North Wallace Street; and a six-inch line is located along the other side of the property. The City Manager stated that the staff reviewed the matter after the recommendation for an eight-inch line was made and has determined that a six-inch line will be adequate to service the property, since it will be tied to an existing six-inch line. He indicated there are hydrants located along the existing six-inch line which are adequately serviced at this time. The City Manager also indicated installation of the water line across this property will create a looped system in that area. Mr. Jarrett stated the costs between installation of a six-inch and an eight-inch water line are marginal and indicated a willingness to install whichever size is stipulated by the Commission. He noted there are currently two hydrants to service the subject site, one located on the ten-inch line and one located on the six-inch line. City Manager Wysocki recommended that, since a six-inch line would service the site ade- I quately, the recommended Condition No.2 be eliminated. Commissioner Mathre noted if the Commission approves the amended subdivision plat, it will have a waiver of protest for the creation of a Special Improvement District for improvement of North Church Avenue and East Peach Street, which it currently does not have. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the amended subdivision plat for a 1.651-acre portion of Block 107 of the Northern Pacific Addition to the City of Bozeman, commonly located north of East Peach Street between North 09-24-84 355 Church Avenue and North Wallace Avenue, as requested by David and Yvonne Jarrett, subject to the following conditions: 1. That the property owner sign a waiver of protest for the creation of a Special Improvement District, with a four-block minimum district. for the improvement and paving of North Church Avenue and/or East Peach Street. 2. That if the plat is to be filed prior to all improvements being installed and approved by the City of Bozeman, that the developer enter into an Improve- I ments Agreement with the City of Bozeman and that it be secured by an acceptable method of security equal to the amount of the cost of installa- tion on the remaining scheduled improvements. Also, plans and specifica- tions for construction must be approved as per Chapters 16.26 and 16.42.030 prior to submittal of final plats. The Improvements Agreement will contain a construction time schedule and a method of payment to the City of Bozeman for the inspection of the improvements installation. 3. An adequate easement for the existing sewer line to the north of Lot A will be provided or a sewer service line will be extended to Lot A along North Wallace Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No. none. B rea k - 5: 00 to 5: lOp. m . Mayor Weaver declared a break at 5: 00 p. m., to reconvene at 5: lOp. m., in accordance with Commission policy established at their regular meeting of March 14, 1983. system; entennlal Mayor Weaver noted Mr. Mike Hoey is present to answer any questions concerning this request. He then noted a question about the use of the bleachers has been raised. I Mr. Hoey stated the bleachers would be used to provide an elevated platform for the musicians and speakers. The Mayor then asked about the proposed amplified music. Mike Hoey indicated there would be about one-half hour of music prior to the speakers and then two to three hours of music after the ceremonies have been completed. City Manager Wysocki stated that getting someone to move the bleachers to and from the site on a Sunday could be a problem. He also expressed concern about moving the City's bleachers around for a large number of community activities. Mayor Weaver asked Mr. Hoey about his request for a waiver of the open container ordinance. Mr. Hoey stated the festivities for the Bozeman Centennial Mural dedication are intended to be conducted in a family-type atmosphere, but they realize that some people may wish to bring alcoholic beverages or obtain them from local pubs. He indicated they are seeking a waiver in an attempt to alleviate any potential problems resulting from consumption of alcohol during the activities. City Manager Wysocki noted that the waiver of the open container ordinance would apply only to Soroptomist Park; and anyone walking along a public right-of-way with an open container would not be covered by the waiver. Mayor Weaver noted the Commission has established a policy for waiving the open container ordinance under certain conditions. He noted waivers are usually requested in a large area and pertain to specific functions, such as reunions. The Mayor then expressed concern that a waiver I in such a small park along Main Street could create problems. Commissioner Anderson stated the activities for the Bozeman Centennial Mural could be advertised as a family-type activity; and those who wish could go to the bars after the festi- vities are completed. Commissioner Jordan asked if anyone has any problems with the use of a public address system during the activities. Commissioner Mathre noted there are no residential areas close to Soroptomist Park. Also, use of the public address system will terminate in the late afternoon and should create no problems. 09-24-84 358 Mr. Hoey indicated the committee anticipates that the music may extend past 5: 00 p. m. , as requested, if the weather is nice and people are enjoying themselves. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the request submitted by the Bozeman Centennial Mural Committee for use of a public address system from 1 :30 p.m. to 6:00 p.m., Sunday, September 30, 1984, in the Soroptomist Park; and deny the requests for permission to use the City bleachers and the application for waiver of the open container ordinance. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commis- sioner Anderson and Mayor Weaver; those voting No, none. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) A memo from Senior Planner Mike Money indicating that a tour of the renovation project at the Boulevard Apartments will be conducted on Friday, September 28, 1984. (2) A copy of the personnel manual for the City. He noted this is an administrative policy and has been completed in compliance with Federal Revenue Sharing requirements. (3) Commissioner Jordan noted he has submitted a draft letter to the head of the Hazardous Wastes Bureau in Helena. He requested that this item be placed on the October 9, 1984 agenda for review. (4) A copy of a newspaper article on "stay-well health insurance" as submitted by Commissioner Vant Hull. (5) A letter from J. Paul Petersen resigning his appointment to the Board of Appeals, effective October 1, 1984. Mayor Weaver directed Clerk of the Commission Sullivan to place an advertisement in the newspaper. (6) A letter from Steven Bredberg, Friends of the Pool, indicating that organization is not currently active. I Commissioner Vant Hull indicated she feels the group should become more active, rather than reacting to various crises. City Manager Wysocki indicated he will relay that concern to the group through the Pools Director. (7) Commissioner Vant Hull noted the Commissioners have received a copy of the letter to the City Manager from Dr. Robert Sanks, MSU, re the water filtration plant. She suggested that the City Manager meet with Dr. Sanks and submit a report to the Commission. City Manager Wysocki indicated he will meet with the appropriate City staff personnel and Dr. Sanks. Mayor Weaver requested that a preliminary staff response be submitted to the Commission within thirty days. (8) City Manager Wysocki announced that the Mayor has been invited to attend a breakfast meeting with the hotel/motel owners tomorrow at 7:30 a.m. and indicated he will also attend that meeting. The City Manager also announced that the Montana League of Cities and Towns Annual Convention wi II be held in Great Falls on Wednesday, Thursday and Friday of th is week. City Manager Wysocki then indicated he attended the I CMA convention held in San Antonio, Texas. He indicated he listened to an economist from Harvard, who indicated local government is in the middle of a hard-played ballgame between federal and state governments. He cautioned local governments not to take their private businesses for granted because other communities are trying to take them away. He also indicated he attended a session on insurances and review of those policies, as well as a session on managing towns with colleges and universities. I (9) Weekly construction reports for the water system improvements, as submitted by Thomas, Dean and Hoskins, Inc. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Request - permission to conduct Homecoming parade - Bozeman Senior High School - 10: 00 a. m., Saturday, October 6, 1984 09-24-84 357 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission approve the items as listed above, and authorize and direct the appropriate persons to I complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Jordan and Mayor Weaver; those voting No, none. Recess - 5:40 p.m. Mayor Weaver declared a recess at 5: 40 p. m., to reconvene at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m., for the purpose of conducting the scheduled public hearings. Public hearing - Commission Resolution No. 2518 - garbage fee for Fiscal Year 1985 This was the time and place set for the public hearing on Commission Resolution No. 2518, levying and assessing the garbage assessment taxes for Fiscal Year 1985, entitled: COMMISSION RESOLUTION NO. 2518 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL I CODE. Mayor Weaver opened the public hearing. City Manager Wysocki stated the garbage collection fee for Fiscal Year 1983-84 was based on $52.00 for a one-unit four-room house; and the proposed base rate in this Resolution is $57.00. The City Manager stated the increased rates would generate adequate revenues to cover the operations costs, as well as provide enough revenues to replace at least one of the existing garbage trucks, which is beginning to exceed the average life of a garbage truck. He rec- ommended that since the existing equipment needs replacement, the City begin phasing in an automated system, including one truck and containers for that truck. The City Manager stated an automated truck can pick up approximately 1100 individual containers and four hundred multi- fami Iy containers each week. He noted the small containers are 90-gallon units; the large containers are 300-gallon units; and both types of containers are made of heavy impact plastic. The City Manager stated the average garbage can utilized at this time is a 30-gallon container. He then noted the automated truck could be operated by one person, while the existing back- loading trucks require three men per truck. City Manager Wysocki suggested that one automated truck be obtained on a five-year lease/ purchase agreement at this time and, if it is satis- factory, that a second truck be obtained at some time in the future when there are enough pick-ups to use the vehicle on a full-time basis. Commissioner Mathre asked about the condition of the existing garbage trucks. City Manager Wysocki stated the two trucks used at this time are 1975 and 1978 models; I and the normal life expectancy of a garbage truck is eight years. He noted that if the City plans to change the type of equipment used, now is the time to do so. If not, the City can replace the existing trucks with the same type of trucks and continue the operation as it currently exists. Commissioner Jordan asked if the lease/purchase arrangement for an automated truck could be easily broken if the automation is not satisfactory. City Manager Wysocki indicated the model of the truck and the company from whom it is purchased will be determined through the bidding process. He indicated a lease/ purchase agree- ment can usually be terminated quite easily after one year. The City Manager then stated the 09-24-84 358 automated system has been used successfully in other parts of the country and within the state, including Billings and Helena. Commissioner Jordan indicated the governmental entities performing the service may feel the operation is successful, but the public must also be happy with the service provided. Mayor Weaver stated the City must determine why conversion to an automated system should be made. He noted the conversion to an automated truck would result in $45,000.00 to $50,000.00 in immediate personnel savings because the number of persons needed in the garbage operations I would be decreased by two. The Mayor then asked how much the trucks would cost. City Manager Wysocki stated an automated truck and containers will cost approximately $80,000.00. He noted the purchase price of those items would be paid over a period of five years, but the truck and containers should last longer. He noted the monies which had been utilized for the purchase could then be set aside into a reserve for future vehicle replacement. Commissioner Jordan noted that injuries to employees working on the automated system decreased by 99 percent. The City Manager noted that decrease is due to the fact that the employees do not have as much physical contact with heavy garbage cans and do riot ride on the back of the garbage trucks. Commissioner Vant Hull asked if the staff has determined what portions of the City would be included in the initial automation. Director of Public Service Holmes stated that as soon as the City accepts a bid, that company will send a representative to set up the most economical route for the City. He indicated the estimates utilized in the proposal were based on the southeastern and northern portions of the City. Mr. John Nicoletti, owner of Three Rivers Disposal, stated he does not believe the City should be in the garbage collection service, but if it is, the system should be automated. He then indicated he has reviewed the City's budget for the garbage collection service for last fiscal year; and he feels the City is losing money that is not reflected in the budget. Mr. Nicoletti then proposed that Three Rivers Disposal pay a franchise fee to the City and collect all garbage. He indicated he would maintain the fees at approximately the current level, I stating he would guarantee certain rates and provide a better service to the customers. Mr. Nicoletti then stated he does not support the basis on which current charges are made. He indicated customers should pay by volume, noting his monthly charge is based on three cans per household with additional charges for additional cans. Mayor Weaver noted the City's rate for a typical residence would be approximately $70.00, while the Three Rivers Disposal rate would be approximately $104.00. He then asked if the rates guaranteed under the proposal would be comparable to the City's rates, or those of his company. Mr. Nicoletti stated the rates under the proposal would be comparable to Three Rivers Disposal's current rates. Commissioner Vant Hull expressed concern that if the City were to contract with the only private garbage collection service in the area, the rates would increase dramatically due to lack of competition. Mr. Nicoletti stated the City would have a guaranteed rate for more than one year, with a provision for cost of living increases. Commissioner Anderson noted if the City contracted with the private sector, and that company went out of business, the cost for the City to get back into the garbage collection business would be prohibitive. Mr. Nicoletti stated under the contracting process, the private business is usually covered by a performance bond equal to six months' revenue; and if the business terminates, I the City would have sufficient revenues to purchase equipment and begin the garbage collection process again. City Manager Wysocki asked how the typical franchise fee for garbage collection is determined. Mr. Nicoletti stated the typical franchise fee is 2 percent of the company's gross income. Commissioner Vant Hull asked Mr. Nicoletti why he supports an automated garbage collection service. 09-24-84 359 Mr. Nicoletti indicated it is faster, cleaner and safer than the backloading trucks currently used. He also noted one man can pick up garbage from 500 residences per day, which is what three men can currently service. Commissioner Vant Hull then asked Mr. Nicoletti about his current charges for garbage collection. Mr. Nicoletti stated his current charges are $8.40 per month, based on three cans per I household. He then stated low volume users, such as senior citizens, may purchase heavy-duty trash bags with Three Rivers Disposal printed on them at a cost of $1.25 per bag. He indi- cated those users often set out one bag every two weeks for collection. He stated if his service became automated, he would maintain a satellite truck to service those customers. Commissioner Jordan expressed concern about entering into a franchise agreement with a private company for the garbage collection service, especially when it is the only one in the area. He also questioned whether Bozeman is large enough to consider this type of arrangement. The Commissioner noted if the private company and the City could not agree on a franchise fee, the City may have to accept fees it feels are too high. Mrs. Rose Ann Penwell, 6055 Monforton School Road, spoke in opposition to the proposed rate increase, especially on behalf of senior citizens on a fixed income, who face many increases in essential services. She noted in the past the rates for garbage collection have been rela- tively low because no thought was given to future needs. The equipment has now become old, and the infrastructure has deteriorated; and the rates must be increased to generate sufficient revenues to resolve those problems. Mrs. Penwell then stated she does not feel the number of rooms in a residence is a fair and equitable basis for assessing garbage collection charges. She noted many older citizens have large houses in which they have raised their families and now live in only a portion of the home. She indicated that she feels the rate for senior citizens should be carefully reviewed. Mr. Jerry Prescott, 1105 West Curtiss Street, stated opposition to an increase in the garbage collection assessments. He noted once again that he has one shopping bag of garbage I each week, and he does not feel the assessment based on the number of rooms is fair. Mayor Weaver noted that last year, the Commission adopted a policy for a reduction based on hardship and asked Mr. Prescott if he had applied for that reduction in the assessment. Mr. Prescott indicated he had not applied last year but stated he would do so this year. B rea k - 7: 50 to 7: SSp. m . Mayor Weaver declared a break at 7:50 p.m, to reconvene at 7:55 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - Commission Resolution No. 2518 - garbage fee for Fiscal Year 1985 Ms. Barbara Blom, 716 South Grand Avenue, expressed concern about all users paying for an automated truck when the truck will be utilized for only a portion of the users. She then noted if the increase is needed to maintain the service, she supports the proposed rate increase. City Manager Wysocki stated the Garbage Enterprise Fund had a deficit of $6,400.00 for Fiscal Year 1984, which must be repaid to the General Fund. Also, the garbage collection service must pay all landfill costs, which will be considered in the item below. The City Manager then stated if one truck is replaced with a similar truck, the base rate must be increased to $55.50 to cover the costs. I f two new trucks simi lar to the existing trucks are purchased. a $56.50 base rate wi II be needed to generate sufficient revenues. Mrs. Blom asked if two of the existing positions in the Garbage Division are eliminated I through automation, whether those two men would be terminated or absorbed into other City departments. The City Manager stated those men in the two affected positions would be given an opportunity to move into another City department. He noted there is currently a position open in one of the other departments which has not been filled because of the possibility of automa- tion. Mr. Nicoletti stated if the City purchases one automated truck, it should purchase two so it has one to cover if the other should break down. 09-24-84 36U Director of Public Service Holmes stated the City can purchase an attachment for the existing backloading trucks to pick up the 90-gallon containers, which he had anticipated doing. He noted the 300-gallon containers might create some problems, but he does not feel a second automated truck would be needed. Mrs. Mary McGuire, 116 South Rouse Avenue, stated opposition to automation of the garbage collection service if it results in unemployment for two of the men currently employed by the Garbage Division. I Mr. Dan McGuire, 307 East Olive Street, noted the garbage rates have been easily es- tablished in past years. He then stated he and his mother have equal sized houses,. but he has much more garbage than she does; and he does not feel the assessments are as equitable as they could be. Mr. McGuire stated he feels a base rate should be established for each stop, since fixed costs are involved, and that those with a large amount of garbage should be assessed a higher fee than those with smaller amounts of garbage. He then stated he recognizes the problems which senior citizens face and feels they should be addressed if possible. Mr. William Davis, 307 South Bozeman Avenue, indicated he is a member of the Bozeman Property Owners' Association and a taxpayer. He stated the garbage collection service currently provided by the City is excellent. He noted during the summer he has a large amount of garbage, including grass clippings and tree trimmings; and the garbage men have always picked up all of the garbage. Mr. Davis then stated he does not feel the City's garbage collection rates are too high. He also indicated he does not feel the City should get out of the garbage collection business. Mr. Davis stated one of the problems with the current garbage collection system is that many people dump their private garbage in the downtown business dumpsters. Mayor Weaver asked Mr. Davis how he feels about the automated system. Mr. Davis stated he would not like to have a large garbage receptacle in front of his house. He also noted in those areas which do not have alleys and have many cars parked along the street all day long, it may be difficult for a truck to reach the garbage receptacle on garbage collection days. Commissioner Vant Hull stated she feels the City should utilize the lifeline concept in I establishing the fee for senior citizens. She noted under the current rate structure, the small user is actually subsidizing the large user on a cost per can basis. Mrs. Eva Hays, 708 South Grand Avenue, stated she normally has two 30-gallon cans of garbage each week; and she feels she should pay more than a person who has one 25-gallon garbage can per week. Mrs. Hays stated she feels a new philosophical approach should be taken to the garbage collection rate structure. She then stated she feels the City is providing a splendid garbage collection service. Mrs. Kay Peden, 516 Dell Place, stated she has lived in Bozeman for 21 years, and she has not heard anyone complain about the garbage service. She noted Bozeman has a lot of snow in the winter, and it could be difficult to get to the dumpster in the alley if an automated system is implemented. If one has a small receptacle to be taken to the curb for pick up, he/she may have to clean the sidewalk before doing so. Mrs. Peden also expressed concern about picking up the cans when cars are parked along the street. Mrs. Barbara Blom stated her mother lives in Legion Villa, and the elderly people who live there have a difficult time lifting the lid of the dumpster with one hand and putting the garbage in with the other hand. Mrs. 810m also noted many college students live off campus; and when they move in, there is quite often an overflow around the garbage receptacles. She expressed concern that with the automated system, that overflow may not be picked up. Mr. Harold Bouse, 548 East Babcock Street, noted the cost of a new automated truck is estimated at $80,000.00. He asked how much a replacement garbage truck would cost. Director of Public Service Holmes stated a backloading garbage truck will cost $50,000.00 I to $60,000.00. Mr. Bouse then stated the current garbage collection service is good. He suggested that the Commission carefully look at all angles of the automated garbage collection prior to imple- mentation of that system. Mrs. Maxine Penttila, 336 South Church A venue, indicated she has submitted a letter to the Commission expressing her views on the garbage collection rates and automated garbage service. She stated the present garbage collection system is fine; and she has had no complaints 09-24-84 361 in the 33 years she has lived on South Church Avenue. She noted the garbage men are willing to pick up extra boxes whenever they are placed beside the garbage cans; and the new automated truck wi II no longer be able to pick up those boxes. Mrs. Penttila then stated she feels the City should purchase replacement backloading trucks. She noted if the leash law were enforced through hiring of another officer and heavy fines, there wouldn't be many problems with dogs strewing the garbage around the area. I City Manager Wysocki stated the City will convert some alley pickups to front yard pick- ups because there are instances where the trucks are backing two or more blocks, which is hazardous. The City Manager then stated in other cities where conversion has been made to the automated garbage collection system, people have indicated opposition initially but have accepted it as a better method. Commissioner Jordan expressed concern about the garbage collection men lifting full garbage cans on the ice and snow in the winter. He suggested that the City select a garbage route for the automated truck which is basically level and where the containers can be easi Iy wheeled out to the street, leaving the other areas of the city under the current garbage collection system. Commissioner Vant Hull stated she received a letter from Ms. Lynn Robson, 1014 South Grand Avenue, stating opposition to the proposed automated garbage system. Mrs. Lou Snell, 541 East Babcock Street, stated the present garbage collection system is good, and she feels it should be maintained. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. B rea k - 9: 00 to 9: lOp. m . Mayor Weaver declared a break at 9:00 p.m., to reconvene at 9:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Commission Resolution No. 2519 - landfill fees for Fiscal Year 1985 I This was the time and place set for the public hearing on Commission Res~lution No. 2519, establishing the landfill fees for Fiscal Year 1985, entitled: COMMISSION RESOLUTION NO. 2519 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL. Mayor Weaver opened the public hearing. City Manager Wysocki stated the proposed landfill fees represent a 7 percent increase overall, with the increases ranging from 6.8 to 12.5 percent based on the type of vehicle. The City Manager stated the proposed fee for large dead animals represents a dramatic increase, from $10.00 to $50.00. He stated the staff has recommended that increase because dead animals are difficult to bury and usually require immediate attention; and the staff would prefer that these animals be taken to a rendering plant. He then stated the rendering plant located in Bozeman recently closed. The City Manager also noted the proposed fee for tires has been increased substantially because they require constant reburying. Director of Public Service Holmes stated he located a rendering plant at Whitehall which picks up dead animals at no charge. Mr. John Nicoletti, owner of Three Rivers Disposal, stated opposition to the rate in- creases. He indicated he has obtained a copy of last year's budget and expenditures for the landfill operation, and noted the expenditures were approximately $2,000.00 more than revenues. He noted the proposed 7 percent increase would cover that deficit within two months. He then I stated his landfill bill is approximately $10,000.00 per month; and an increase will mean an increase to his customers. City Manager Wysocki stated last year's expenditures were $171,204.00; and this year1s budget is $191,220.00. He noted half of that increase is due to the increase in personnel costs due to union negotiations. Mr. Nicoletti indicated he feels the City has too many employees at the landfill, stating only one caterpillar operator should be needed during any given time. He then suggested that 09-24-84 -- ~.__.__.- 362 his company and the City enter into a multi-year contract so that his landfill costs will not increase each year. Mayor Weaver stated the costs of the landfill operation must be borne by user fees, not by the taxpayers. He indicated any increase in operations costs must be covered by increases in the rate structure. The Mayor then asked how much impact his customers will realize. Mr. Nicoletti stated hopefully his charges for garbage collection will increase only one or two percent. I Mrs. Maxine Penttila, 336 South Church Avenue, asked if the Commission will seek public input if it considers contracting with a commercial hauler for garbage collection. Mayor Weaver noted the State Law would not require a public hearing; but the Commission would seek community involvement through a public hearing prior to making such a decision. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Commission Resolution No. 2520 - assessment of Lighting Districts for Fiscal Year 1985 This was the time and place set for the public hearing on Commission Resolution No. 2520, assessing the Lighting Districts for Fiscal Year 1985, entitled: COMMISSION RESOLUTION NO. 2520 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 TH ROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M. C.A. Mayor Weaver opened the public hearing. City Manager Wysocki indicated the assessments proposed in this Resolution are based on actual costs for the past year. No one was present to speak in support of or in opposition to the proposed assessments. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Commission Resolution No. 2521 - assessment of Sprinkling Districts for Fiscal I Year 1985 This was the time and place set for the public hearing on Commission Resolution No. 2521, assessing the Sprinkling Districts for Fiscal Year 1985, entitled: COMMISSION RESOLUTION NO. 2521 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. Mayor Weaver opened the public hearing. City Manager Wysocki indicated the assessments proposed in this Resolution are based on actual costs for the past year. No one was present to speak in support of or in opposition to the proposed assessments. Mayor W~ay~r closed the public hearing. A decision will be forthcoming in one week. Adjournment - 9:35 p.m. -,.". There being no further business to come he fore the Conunission at this time, it was moved by Commissioner Mathret' seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being conunissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. I ATTEST: KENNETH L. WEAVER, Mayor Clerk of the Commission 09-24-84 "